Patna High Court
Chandan kumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that both petitioners be released on bail.
Summary
The petitioners, Chandan Kumar and Genu Kumar, were charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act for allegedly transporting 40 litres of country‑made liquor in a motorcycle. They contended that the driver and passenger were not in possession of the liquor and that the seizure was not made in compliance with Section 105 of the BNSS. The petitioners also highlighted their clean criminal record and that they had been in judicial custody since 4 April 2026. The State opposed bail, but the Court, after considering the facts, ordered that both petitioners be released on bail. Each was required to furnish a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court, Saran.
Issues considered
- Whether bail should be granted to accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act.
- Whether the seizure of the liquor was valid given the alleged non‑compliance with Section 105 of the BNSS.
- Whether the petitioners' lack of criminal antecedent and the period of custody justify the grant of bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 32(3)
- BNSS — s. 105
Subjects
- bail
- excise
- prohibition
- seizure
- liquor
- motorcycle
- Bihar
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34687 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Chandan kumar S/o Ram Ayodhya Ram R/o Village- Maruaa Araji Murwa
Araji), Police station - Isuapur, District- Saran Chapra
2. Genu Kumar @ Golu Kumar @ Ganu Kumar S/o Late Jogindar Ram R/o
Village- Maruaa Araji Murwa Araji), Police station - Isuapur, District- Saran
Chapra
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachida Nand Rai, Advocate.
For the Opposite Party/s : Mrs. Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in
connection with Sadar Excise P.S. Case No. 82 of 2026
registered for the offence punishable under Sections 30(a) &
32(3) of the Bihar Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from
the motor cycle altogether 40 litres of country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners have submitted that petitioner no.1 was plying the
bike, whereas, petitioner no. 2 was sitting on the passenger seat
of motor cycle. It has further been submitted that nothing has
been recovered from the possession of these petitioners.
Patna High Court CR. MISC. No.34687 of 2026(2) dt.20-05-2026
2/2
Learned counsel for the petitioners have further submitted that
the witnesses of the seizure list are police personnel and police
have not complied Section 105 of the BNSS while making
seizure. Learned counsel for the petitioners have further
submitted that the petitioners are having no criminal antecedent
and they are in judicial custody since 04.04.2026.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned 3rd Exclusive Special Excise Court, Saran, Chapra in
connection with Sadar Excise P.S. (Excise Thana Sadar Saran)
Case No. 82 of 2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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